Chhotu Pandey @ Nitish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16304 of 2023 Arising Out of PS. Case No.-501 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== CHHOTU PANDEY @ NITISH PANDEY S/O RAKESH PANDEY R/OVILLAGE- CHHAWANI MUHALLAH, WARD NO 11, BHABUA, P.SBHABUA, DISTT.- KAIMUR AT BHABUA. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 385, 307 and 34 of the Indian Penal Code.

As per prosecution case, one co-accused namely, Luv Patel, who is named in the FIR and other unknown persons are said to have assaulted the informant. It is further alleged that the co-accused, Luv Patel demanding of Rs. 5000/- per month as ransom from the informant, if he wants to run his shop. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. There

Patna High Court CR. MISC. No.16304 of 2023(2) dt.29-04-2023 2/2 is no specific overt act against this petitioner. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Lakki Patel @ Adiya Patel, which has got no evidentiary value in the eyes of law. He is languishing in judicial custody since 18.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur (Bhabhua) in connection with Bhabhua P.S. Case No. 501 of 2022.

(Sunil Kumar Panwar, J) arish/- U T